Law and Society

Höfundur Steven Vago; Steven E. Barkan

Útgefandi Taylor & Francis

Snið ePub

Print ISBN 9780367904036

Útgáfa 12

Útgáfuár 2021

21.390 kr.

Description

Efnisyfirlit

  • Cover
  • Half Title
  • Title Page
  • Copyright Page
  • Brief Contents
  • Detailed Contents
  • Preface
  • 1 Introduction: Making Sense of Law and Society
  • Learning Objectives
  • Overview of the Study of Law and Society
  • Social Scientists and Lawyers
  • Definitions of Law
  • Types of Law
  • Major Legal Systems
  • Romano-Germanic System (Civil Law System)
  • Common Law System
  • Socialist Legal System
  • Islamic Legal System
  • Principal Functions of Law
  • Social Control
  • Dispute Settlement
  • Social Change
  • Dysfunctions of Law
  • Paradigms of Society
  • The Consensus Perspective
  • The Conflict Perspective
  • The Role of the Social Scientist
  • Summary
  • Key Terms
  • Suggested Readings
  • References
  • 2 Theoretical Perspectives
  • Learning Objectives
  • Evolution of Legal Systems
  • Traditional Legal Systems
  • Transitional Legal Systems
  • Modern Legal Systems
  • Theories of Law and Society
  • The European Pioneers
  • Classical Sociological Theorists
  • Sociolegal Theorists
  • Contemporary Law and Society Theorists
  • Current Intellectual Movements in Law and Society
  • The Functionalist Approach
  • Conflict and Marxist Approaches
  • The Critical Legal Studies Movement
  • Feminist Legal Theory
  • Critical Race Theory
  • Summary
  • Key Terms
  • Suggested Readings
  • References
  • 3 The Organization of Law
  • Learning Objectives
  • Courts
  • Dispute Categories
  • The Organization of Courts
  • Participants in Court Processes
  • The Flow of Litigation
  • Criminal Cases
  • Civil Cases
  • Legislatures
  • The Functions of Legislatures
  • The Organization of Legislatures
  • Participants in the Legislative Process
  • Administrative Agencies
  • The Organization of Administrative Agencies
  • The Administrative Process
  • Law Enforcement Agencies
  • The Organization of Law Enforcement Agencies
  • Police Discretion
  • Summary
  • Key Terms
  • Suggested Readings
  • References
  • 4 Lawmaking
  • Learning Objectives
  • Perspectives on Lawmaking
  • The Rationalistic Model
  • The Functionalist View
  • The Conflict Perspective
  • Moral Entrepreneur Theory
  • A Final Word on Theories of Lawmaking
  • Legislation
  • Legislation and Social Issues
  • Pre-Lawmaking Activities
  • Administrative Lawmaking
  • Administrative Rulemaking
  • Administrative Adjudication
  • Judicial Lawmaking
  • Lawmaking by Precedents
  • Lawmaking by Interpretation of Statutes
  • The Interpretation of Constitutions
  • Influences on Lawmaking
  • Interest Groups
  • Public Opinion
  • Lawmaking and Social Science
  • Sources of Impetus for Law
  • Detached Scholarly Diagnosis
  • Nonacademic Writing
  • Protest Activities and Social Movements
  • Public-Interest Groups
  • The Mass Media
  • Summary
  • Key Terms
  • Suggested Readings
  • References
  • 5 Law and Social Control
  • Learning Objectives
  • Informal Social Control
  • Formal Social Control
  • Criminal Sanctions
  • Discord over the Death Penalty
  • Civil Commitment
  • Crimes without Victims
  • Drug Use
  • Prostitution
  • Gambling
  • White-Collar Crime
  • Extent and Cost of Corporate Crime
  • Legal Control of Corporate Crime
  • Social Control of Dissent
  • Administrative Law and Social Control
  • Licensing
  • Inspection
  • Threat of Publicity
  • Summary
  • Key Terms
  • Suggested Readings
  • References
  • 6 Law and Dispute Resolution
  • Learning Objectives
  • A Note on Terminology
  • Methods of Dispute Resolution
  • Lumping It and Avoidance
  • Primary Resolution Processes
  • Hybrid Resolution Processes
  • Dispute Resolution in Review
  • Demands for Court Services in Dispute Resolution
  • Variation in Litigation Rates
  • Prerequisites for the Use of Courts in Dispute Resolution
  • Individuals and Organizations as Disputants
  • Disputes between Individuals
  • Disputes between Individuals and Organizations
  • The Courts as Collection Agencies
  • Disputes between Organizations
  • Summary
  • Key Terms
  • Suggested Readings
  • References
  • 7 Law and Social Change
  • Learning Objectives
  • Reciprocity between Law and Social Change
  • Social Changes as Causes of Legal Changes
  • Law as an Instrument of Social Change
  • Indirect and Direct Effects of Law on Social Change
  • Additional Considerations Regarding Law’s Effect on Social Change
  • The Efficacy of Law as an Instrument of Social Change
  • Advantages of Law in Creating Social Change
  • Legitimate Authority
  • The Binding Force of Law
  • Sanctions
  • Limitations of Law in Creating Social Change
  • Elites and Conflicting Interests
  • Law as Only One of Many Policy Instruments
  • Morality and Values
  • Resistance to Change
  • Social Factors
  • Psychological Factors
  • Cultural Factors
  • Economic Factors
  • Summary
  • Key Terms
  • Suggested Readings
  • References
  • 8 The Legal Profession
  • Learning Objectives
  • Origins of the Legal Profession
  • Understanding Professions and Professionalization
  • The Emergence of Attorneys
  • Evolution of the American Legal Profession
  • Post-Revolutionary America
  • 1870 and beyond
  • Gender and Race in the Legal Profession
  • The Rise of the Corporate Attorney
  • The Legal Profession Today
  • The Negative Image of Lawyers
  • The Employment of Lawyers
  • Revenue Streams: Lawyers and Money
  • Competition for Business
  • Legal Services for the Poor and the Not So Poor
  • Law School
  • A Brief Look at Enrollment and Admission
  • Women and People of Color in Law School
  • The Training and Socialization of Law Students
  • Bar Admission
  • Licensing
  • Character and Moral Fitness
  • Bar Associations as Interest Groups
  • Professional Discipline
  • Summary
  • Key Terms
  • Suggested Readings
  • References
  • 9 Researching Law in Society
  • Learning Objectives
  • Methods of Inquiry
  • Historical Methods
  • Observational Methods
  • Experimental Methods
  • Survey Methods
  • The Impact of Sociology on Social Policy
  • Contributions of Sociology to Policy Recommendations
  • Contributions of Sociology to Enacted Policy
  • Evaluation Research and Impact Studies
  • Dimensions of Policy Impact
  • Measuring Law’s Impact
  • Summary
  • Key Terms
  • Suggested Readings
  • References
  • 10 Epilogue: Law and Inequality in a Changing America
  • Learning Objectives
  • Race and Ethnicity
  • Race/Ethnicity and the Law Today
  • Social Class
  • Gender
  • Sexual Orientation and Gender Identity
  • Summary
  • Key Terms
  • Suggested Readings
  • References
  • Index

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